Officers of Police Scotland have been criticised by a sheriff over the death of an injured man from Perthshire who was placed in police custody rather than being taken to hospital.

According to Sheriff Simon Collins QC, officers should have sought medical assistance for James Milne rather than dump him naked in a cell.

But he ruled that there were no reasonable precautions, whereby Mr Milne’s death could have been avoided.

Police officers were heard on CCTV, swearing about his intoxicated condition and, said the sheriff, failed to respect the man's “basic human dignity”.

James Milne, a 54-year-old alcoholic, had been held by cops after a drunken disturbance at the home he shared with his brother, Ewan Milne, at Kinloch Rannoch in Perth and Kinross in May 2013.

Ewan Milne was taken to hospital, but despite suffering from a head injury, brother James Milne was taken to Perth Police office.

In a report following a Fatal Accident Inquiry, Sheriff Collins said that the drunk man was left at the police station, sitting on the floor of the police van for a prolonged period.  He urinated himself.

A week later, Mr Milne was dead, killed by a heart attack and heart disease brought on by chronic alcoholism.

Sheriff Collins concluded in his report:” The deceased’s general treatment by these officers... at Perth Police office was, however, a cause of concern to me."

He added: "I am quite clear that the deceased should not have been admitted to police custody without his first being medically assessed.”

Chief Superintendent Garry McEwan, Police Scotland Custody Division, said: “Police Scotland acknowledges the publication of the report following the Fatal Accident Inquiry into the death of James Milne. In 2013 Mr Milne became unwell whilst in police custody and later passed away in hospital.  My sympathies remain with his family.  

“I fully acknowledge the determinations and findings made by Sheriff Collins’ post the Fatal Accident Enquiry and I have instigated a further review to compliment the initial full internal review undertaken post the events of May 2013.  

“Each year approximately 170,000 people are taken into police custody having committed or being suspected of committing a criminal offence.  Some of those individuals are amongst the most vulnerable in our society, it is vital we try and provide them with the best care and welfare possible. This is prioritised by enhanced training for custody staff and a set of Standard Operating Procedures which are subject to regular review and refresh to ensure my dedicated staff care for people in the best way possible.

“I also welcome the on-going inspections of our custody provision by independent, lay custody visitors who can access, without prior notice, any place a detainee is held. In the first six months of Police Scotland, 720 visits were carried out by lay visitors. We recognise that this is vital in supporting our commitment to the continuous improvement of the service we provide to people in custody.”